재건형 도산처리절차의 연혁적 고찰

The reorganization bankruptcy process in agreement of the relationship human being and avoids the bankruptcy proceeding which is strict in compliance with the court of it follows is formed to the condition which it is based the creditor that. The beginning developed in the United Kingdom. The united states developed reorganization bankruptcy process to today rather. It will be desirable a function of arrangement and composition considers relations of a bankruptcy processing procedure outside a court, and to understand. The creditor or debtor practice outside a court with maintaining a corporate it depends while avoiding the bankruptcy, and to get much share and will process bankruptcy informal. The composition that low expense, to possess the merit of outside a court of process which is a soft disposal in the same time when it is quick the demerit which is a process prevention which it follows a few opponent others in the federal bankruptcy law. With this it is to inflict a variation in function of legal process, but 1938 Chandler Act Ⅺ Arrangement. And, this character Chapter 11 process 1978 existence continuously is maintained in the condition. 1938 Chandler Act is providing reorganization process, the namely receiver have the leadership of process, the court of justice has comprehension authority which Ⅹ Corporate Reorganization did not become. I think that this procedure is useful for even a method to examine a function of a reorganization process by bankruptcy law of our country.